EEOC Updates Workplace Guidance on COVID-19 Testing

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 workplace guidance. Most notably, the EEOC now requires that employers assess whether current pandemic circumstances and individual workplace circumstances justify requiring employees to provide negative COVID-19 test results as a condition of entering the workplace. As a result, employers will need to re-examine any COVID-19 testing policies, including those that apply only to unvaccinated workers. The revised guidance also addresses other areas of preventing COVID-19 transmission in the workplace including mandatory COVID-19 screening and infection control, reasonable accommodations, and vaccination requirements.

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